Supporting People who Speak Out

Malta – Standards – Disclosure – Employers

Malta – Standards – Disclosure – Employers

12. (1) Every employer must have in operation internal procedures for receiving and dealing with information about improper practices committed within or by that organisation; such internal procedures must at least identify the person or persons within the organisation, in this Act referred to as the whistleblowing reporting officer, to whom a protected disclosure may be made.

(2) Information about the existence of the internal procedures, and adequate information on how to use the procedures must be published widely within the organisation and must be republished at regular intervals.

(3) An internal disclosure is a protected disclosure made in accordance with the provisions of this Act if it is made by an employee to an employer substantially in the manner established by internal procedures established by the employer for receiving or dealing with such disclosures.

13. (1) The whistleblowing reporting officer must, within a reasonable time after receiving an internal disclosure, notify the whistleblower of the status of the improper practice disclosed or such matters as may be prescribed.

(2) For the purposes of article 16, where it is apparent from external action that action has been taken to rectify the improper practice it will not be necessary for the whistleblowing reporting officer to notify the person who made the disclosure.

(3) In the event that a disclosure under this Part leads to the detection of an improper practice which constitutes a crime or contravention under any applicable law, the whistleblowing reporting office may refer the report received to the police for investigation thereof:

However, should the subject matter of the report have been rectified no provision of any law shall be interpreted as imposing an obligation on the whistleblowing reporting officer to report such matter.

14. An internal disclosure may be made to the head or deputy head of the organisation, who is hereby deemed to be the whistleblowing reporting officer and subject to the provisions of articles 6 and 13, if:

(a) the organisation has no internal procedures established and published for receiving and dealing with information about an improper practice; or

(b) the whistleblower believes on reasonable grounds that the whistleblowing reporting officer is or may be involved in the alleged improper practice; or

(c) the whistleblower believes on reasonable grounds that the whistleblowing reporting officer is, by reason of any relationship or association with a person who is or may be involved in the improper practice alleged in the disclosure, not a person to whom it is appropriate to make the disclosure.

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14. Each employer shall be required to undertake all measures necessary to correct determined irregularities in relation to the disclosure.

The employer shall be required to protect the whistleblower from any damaging action, and undertake any and all measures necessary to terminate a damaging action and remove any consequences of a damaging action.

The employer may not undertake any measures to reveal the identity of the whistleblower.

The employer shall be required to notify, in writing, all persons employed of their entitlements hereunder.

The employer shall be required to designate an officer authorized to receive disclosures and be tasked with pursuing proceedings related to whistleblowing.

 

15. An internal whistleblowing procedure shall be initiated by the disclosure of information to an employer.

The employer shall be required to immediately act upon any whistleblowing disclosure and at the latest within 15 days of receiving such disclosure.

The employer shall be required to notify the whistleblower of the outcome of the procedure within 15 days of the conclusion of the procedure referred to in paragraph 1 of this Article.

The employer shall, upon the whistleblower’s request, provide him with information about the progress of any and all actions undertaken in the course of the procedure, and enable him to have access to the case files and participate in actions in the course of the procedure.

 

16. Each employer with more than ten employees shall be required to adopt an internal enactment governing internal whistleblowing procedure.

The employer shall be required to post the general enactment referred to in paragraph 1 of this Article in a visible location that is accessible to each employee, as well as on its web provided that there are technical conditions to do so.

Provisions of the general enactment governing internal whistleblowing procedure must be consistent with the provisions hereof and the bylaw referred to in Article 17 hereof.

Provisions of the general enactment referred to in paragraph 1 of this Article may not reduce the scope of rights or deny any right to a whistleblower within the meaning of this Law.

Provisions of the general enactment referred to in paragraph 1 herein that are not consistent with this Law or bylaws adopted in accordance with this Law shall be null and void.

Referenced Legislation: Protection of the Whistleblower Act (2013)

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